Practical sheet | REF: FIC0479 V1

Prerequisites for drafting a confidentiality agreement

Author: Charlotte MONTAUD

Publication date: June 10, 2022 | Lire en français

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5. Mistakes to avoid

5.1 Don't think that an exchange of e-mails has no legal value

A confidentiality agreement can take any form, and its validity is not subject to any particular formalism: a simple exchange of e-mails could be just as binding as signing a formal agreement, as long as there is an exchange of consent and the purpose of the agreement is defined.

However, this practice is dangerous, and it is advisable to take the precaution of signing a confidentiality agreement, given the laconic nature of emails and the risks of uncertainty, lack of precision, but also possible lack of capacity to commit the company by the sender of the email.

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